VARNEY v. TAYLOR

No. 7069.

379 P.2d 84 (1963)

71 N.M. 444

J.R. VARNEY, Administrator of the Eestate of Jackie Raymond Varney, Deceased, Plaintiff-Appellee, v. Dennis Leo TAYLOR and Arrow Gas Service Company, Defendants-Appellees, Hartford Accident and Indemnity Company, a corporation, Intervenor-Appellant.

Supreme Court of New Mexico.

February 20, 1963.


Attorney(s) appearing for the Case

Richard C. Civerolo, Stanley P. Zuris, Albuquerque, for intervenor-appellant.

James L. Brown, Farmington, for plaintiff-appellee.


CARMODY, Justice.

The question in this case is whether an insurance company, claiming a right to reimbursement for funds expended, can intervene as a party-plaintiff when the same company is the insurance carrier for the defendants. This appeal is from the trial court's refusal to permit such intervention.

In December, 1959, one Jackie Varney was killed in a motor vehicle accident while working for the Hughes Tool Company. His parents settled the resulting...

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